T, after certain other bequests, left the residue of his estate, consisting of personalty in the form of stocks, bonds, cash securities, out of which the debts of the estate were paid, to his wife for life, remainder to T's children. The wife commingled this fund with her personal funds, negligently, but not fraudulently. P, one of the remaindermen, brought a bill for accounting and appointment of a trustee, or at least for requiring security of the life tenant for P's protection. Held, mere negligent commingling by the life tenant does not alone constitute a showing of danger sufficient to require the giving of security by the life tenant, especially since at present the fund is in such form that there will be no further negligent commingling. Long v. Lea, 177 S. C. 231, 181 S. E. 6 (1935).
TRUSTS - COMMINGLING BY LIFE TENANT OF PERSONALTY NOT AN ACT WHICH NECESSARILY REQUIRES THE GIVING OF SECURITY FOR REMAINDERMAN'S PROTECTION,
Mich. L. Rev.
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